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A divorce declares that the contract has been terminated as of a certain date. The fidelity and permanence of marriage is a symbol of the fidelity and permanence of God's love for all people.
The freely given consent of a man and a woman establishes a marriage covenant.
If any of these requirements are absent or seriously distorted, a review judge can declare that the act of consenting to marriage was made in an invalid way, therein indicating that the marriage bond has no effect and is null.
Church law determines what these requirements are and they will be discussed throughout this information.
The work of the Tribunal, for the most part, involves a process of reviewing and discerning the basis of such petitions.
Who might need a declaration of nullity of their marriage?
It could happen that one or both spouses were unable to create the quality of relationship necessary to establish this sacred bond.
If the Church declares that a prior bond of marriage was not properly established, the parties are considered free to celebrate a new marriage in the church.
The fact that a couple was married before a Catholic priest and two witnesses does not necessarily guarantee that all the requirements were present to establish a full and valid marriage.This consent is an act of the whole human person and it involves psychological, physical, and spiritual dynamics.A wedding always has the potential to establish a true marriage covenant, but unfortunately not all do.A civil union existed, but the sacred bond of marriage was not validly established.
In order for a marriage to be properly established, there must be certain requirements present in the individual who consents to marriage at the time of the wedding.A declaration of nullity is a religious decision that does not have any civil effect on the relationship or legitimacy of any children born of the union.